In exercise of the powers
conferred by Section-25 of the Private Security Agencies (Regulation) Act, 2005
(Central Act 29 of 2005), the Government of Kerala hereby make the following
rules, namely; (1)
These rules may be called the Kerala Private Security Agencies
(Private Security to Cash Transportation Activities) Rules, 2020. (2)
They shall come into force at once. In these rules, unless the
context otherwise requires, (a)
"Act" means the Private Security Agencies (Regulation)
Act, 2005 (Central Act 29 of 2005); (b)
"ATM" means the automatic teller machine that dispenses
cash or performs other banking services when an account holder of any bank
inserts a bank card therein; Explanation. For the purposes of
this clause, "bank card" includes credit card or debit card: (c)
"cash handling agency", "cash replenishment
agency" or "cash-in-transit agency" means an agency or entity by
whatever name called, engaged in cash transportation activities; (d)
"cash transportation activities" means the physical
transfer of cash, such as banknotes, coins, credit card, debit card or other
items of value from one location to another and includes loading cash into or
unloading cash from an ATM machine; (e)
"Schedule" means a Schedule appended to these rules. (1)
No private security shall be provided by the private security
agency for cash transportation activities unless he holds a license under the
Act. (2)
For the purpose of providing private security for cash
transportation activities, a contract may be entered into between, (a)
a private security agency holding a license under the Act and the
bank concerned; or (b)
a cash handling agency and the bank concerned: Provided that in case the cash
handling agency holds a license as a private security agency under the
provisions of the Act, such cash handling agency may itself provide the private
security to cash transportation activities in accordance with the provisions of
these rules. (1)
No private security agency shall provide private security or
private security guards to a Bank or a cash handling agency for cash
transportation activities, unless such activities are carried out in a secured
cash van, which complies with the conditions for design and specification
specified in the First Schedule, owned by it or owned by the Bank or the cash
handling agency, as the case may be. (2)
No taxi or hired vehicle shall be used for cash transportation
activities by the private security agency: Provided that a vehicle which is
on long term contract with the private security agency or Bank or cash handling
agency and the vehicle complies with the conditions for design and
specification laid down under sub-rule (1) may be used by the private security
agency: Provided further that in case of
any remote location where private security agencies are not present and not
serviced by a currency chest, any vehicle at such location may be used as an
exception under the strict security control and support of the local police.
Latest communication facilities shall be provided into the cash van and for the
personal use of operating staff. (1)
The private security agency shall provide the private security for
the cash transportation activities with the requisite number of trained staff,
directly appointed or engaged by the private security agency, as specified in
sub-rule (2). (2)
Every cash van shall have the following minimum staff possessing
the qualifications and training under Section 10 of the Act, on board for every
single cash transportation activities, namely: (i)
Driver - one; (ii)
Armed security guards - two; and (iii)
ATM officer or custodian - two. (3)
The cash van shall always be escorted by at least two trained
armed security guards on board: Provided that more than two armed
security guards may be deputed on a cash van depending on the amount of cash
carried and in accordance with the individual company's insurance guidelines or
client contract or terrain of operation. (4)
Where the cash van is a medium motor vehicle, one armed guard
shall sit in the front along with the driver and another in the rear portion of
the van and while in transit, loading or unloading, nature's call, tea or lunch
break, at least one armed security guard shall remain present with the cash van
all the time. (5)
Notwithstanding anything contained in these rules, the
ex-serviceman, otherwise eligible, may preferably be appointed or engaged by
the private security agency for providing security for cash transportation
activities. (1)
No private security agency shall appoint or engage or deploy any
personnel for the cash transportation activities, unless such personnel has
undergone thorough antecedent check, proper KYC verification and police
verification before appointing or engaging or deploying them by the agency, in
accordance with the provisions of the Act or rules made thereunder any other
law for the time being in force. Explanation. For the purposes of
this sub-rule, the expression "KYC" means the know your customer
process of an agency or business identifying and verifying the identity of its
clients or Person associated or to be associated with the agency or business. (2)
Every private security agency shall be responsible to comply with
the following checks before an individual is appointed or engaged to
participate in cash transportation activities, namely: (i)
police clearance certificate - every individual shall obtain the
police clearance certificate from his local police station before appointment
or engagement; (ii)
residence verification - private security agency shall use its own
resources to conduct a physical verification of the residential address of
every individual, including general conduct check and the individual shall
furnish to the security agency the proof of residential address of at least
three years before appointment or engagement for the cash transportation
activities; (iii)
previous employer check - private security agency shall use its
own resources to conduct reference check with previous employers of the
individual, if any; (iv)
Aadhaar verification - antecedent of each individual to be
appointed or engaged for the cash transportation activities shall be verified
through Aadhaar Number from the Unique Identification Authority of India; (v)
credit history check - private security agency shall conduct a
credit history check of every individual to be appointed or engaged so as to
ensure that wilful credit defaulters are not appointed or engaged for the cash
transportation activities; (vi)
fidelity insurance - private security agency shall obtain a
fidelity insurance in respect of every personnel appointed or engaged for the
cash transportation activities; (vii)
confidentiality and secrecy check - declaration with regard to the
maintenance of confidentiality and secrecy shall be obtained from the staff
concerned. The private security agency shall
ensure that every personnel appointed or engaged for cash transportation
activities shall be imparted, (a)
training for the security and safe handling of cash transportation
activities as per the requirements laid down in Second Schedule; (b)
refresher training once in every two years or the period as
decided by the Government and periodic training to be extended depending on the
changes in technical aspects and business volume; (c)
good health certificate and mental well being should be insisted
for all the staff recruited; (d)
the recruitees must be well versed in handling the weapons
provided to them; (e)
necessary training to be ensured when there is change in arms and
ammunitions used. (1)
Every cash transportation activity shall be carried out only in
secured cash vans fitted with GPS tracking device. Explanation. For the purposes of
this sub-rule, the expression "GPS" means the global positioning
system which is a space based navigation system that provides location and time
information in all weather conditions, anywhere on or near the earth where
there is an unobstructed line of sight to four or more GPS satellites. (2)
The private security, agency shall ensure that each cash van shall
be monitored at all times during cash transportation activities through a
redundant communications protocol. (3)
Communication with local police en-route to be ensured. (4)
State level centralized monitoring system may be established to
guide and follow the vehicular movement and to ensure necessary police
assistance in the event of any mishap. (1)
The private security agency involved in cash transportation
activities shall ensure that no cash van carries cash of more than five crores
rupees per trip. (2)
The private security agency shall ensure that secured cash van
shall be deployed for carrying cash of more than ten lakh rupees per trip. The private security agency shall
ensure that all cash handling, including counting, sorting, and bundling
activities shall be carried out in secured premises in accordance with the
following guidelines, namely: (a)
location of private cash vault premises - the premises used for
cash handling activities shall be located to ensure safety of
activities/operations including areas closer to bank's cash withdrawal centre
or police station and secluded areas with poor connectivity be avoided; (b)
Design of premises - the premises shall be designed to include two
physically independent areas, one for general office purpose and other for
secured cash processing and handling activities and it shall accommodate space
for cash deposit, collection, sorting, counting and delivery and dispatch of
cash on secured cash vans; (c)
Cash vault - a secured area shall be designed to store cash to
meet with the requirement of the Reserve Bank of India specified for cash
vaults in accordance with the following specifications, namely: (i)
in smaller cities with limited overnight vaulting requirements of
less than ten crore rupees, a strong room with defender safes; (ii)
at operation centres with overnight vaulting requirements between
ten to one hundred crore rupees, vaulting facility as per the norms of the
Reserve Bank of India specified for C Class vaults; (iii)
at large operation centres with overnight vaulting requirements of
more than one hundred crore rupees, increased vaulting facility in consultation
with the concerned Bank; and (iv)
all overnight vaulting facilities shall have provision to store
currency of multiple Banks in separate and exclusive bins. (d)
Security of cash vault - private security agency shall ensure the
following security aspects at its cash vault used for secured handling of cash
on behalf of the Bank, namely: (i)
adequate number of armed private security guards are deputed round
the clock; (ii)
premises is under 24x7 electronic surveillance and monitoring; (iii)
cash vault is provided with CCTV system with adequate number of
cameras having at least ninety days recording facility; (iv)
activities at cash vault is undertaken under dual custody basis; (v)
main cash vault area complies with all safety norms, like
firefighting systems, smoke detection systems, emergency lighting, control room
for monitoring the movement of vehicles, autodialer and burglar security
systems; (vi)
security alarm with Global System for Mobile Communication based
auto dialer, fire and magnetic sensor are installed; (vii)
loading and unloading area of cash is covered by night vision CCTV
cameras; (viii) electric
power supply inside the cash vault is provided through plug-in, plug-out
system; (ix)
carrying of naked light inside the cash vault is strictly
prohibited and dry battery operated torches or emergency lights are used inside
strong rooms; (x)
emergency lighting with the help of inverter shall always be
available to the security staff; and (xi)
cash processing and vault areas shall have restricted and
controlled access, preferably through interlocking systems and frisking. Explanation. For the purposes of
this rule, the expression "CCTV" means the closed circuit television
which is a self-contained surveillance system comprising cameras, recorders and
displays for monitoring activities in a store or company. (1)
The private security agency shall ensure that the ATM under its
security shall be fitted with one time electronic combination locks for
reducing the instances of crew pilferage losses and ATM frauds. (2)
The cash for loading in to an ATM machine shall be collected from
the Bank on previous day or in the first half of the day so that operations can
be concluded before the time stipulated in sub-rule (3). (3)
No cash loading of the ATMs or cash transportation activities
shall be done (a)
after 9 PM in urban areas: (b)
after 6 PM in rural areas: and (c)
before 9 AM or after 4 PM in the districts notified by the Central
Government as Left Wing Extremism (LWE) affected areas. Uniform may be designed in such a
way that they are comfortable and convenient for the operating staff and will
not resemble uniform of police or uniform worn by the Army, Air Force, Navy or
any other Armed Forces of the Union or Police or any dress having the
appearance or bearing any of the distinctive marks of such uniform. FIRST SCHEDULE [See Rule
4(1)] DESIGN
AND SPECIFICATION FOR SECURED CASH VANS (a)
Make. The cash van shall, (i)
be a Light Commercial Vehicle, with an engine capacity of not less
than 220D CC, preferably turbocharged. (ii)
be not more than seven years old; (iii)
have tubeless tyres; (iv)
have a ground clearance of not less than 190 mm; and (v)
accommodate minimum of five passengers. (b)
Layout. The cash van shall have the
compartment physically separated and locked from the passenger compartment unit
for storing cash. (c)
Cash compartment security. The cash compartment shall be
inaccessible from outside the van unless operated internally through manual or
electronic lock and cash compartment is specially reinforced with steel with
only one door and grill gate. (i)
the entrance of the cash compartment shall be from the rear side
to ensure proper visibility, operational feasibility and CCTV surveillance; (ii)
all windows and wind screen shall have wire mesh protection of not
more than one square inch and each window mesh shall have a circular porthole
of six inches diameter for use of weapons. (iii)
the panic switches for operating the hooter are available with the
driver and other occupants; (d)
Cash box security Each of the cash boxes shall be
secured to the floor with separate chains and have locks that can be opened or
locked only by using separate keys kept with different custodians and cash for
each bank shall be carried, preferably, in a separate box with the name of the
bank written on it. (e)
Other security features. (i)
The cash van shall be provided with a small CCTV system with at
least five days recording facility and three cameras installed in front, rear
and inside of the cabin. (ii)
A security alarm with Global System for Mobile Communication based
auto-dialer shall be provided with a motorised siren. (iii)
The cash van shall be equipped with hooter, fire extinguishers and
emergency lights to ensure quick reaction in case of an attack. SECOND SCHEDULE [See Rule
7(a)] TRAINING
FOR PERSONNEL APPOINTED OR ENGAGED IN CASH TRANSPORTATION ACTIVITIES (a)
Basics of cash handling and cash transportation activities. (i)
Scope of service (ii)
Team composition (iii)
Role of driver, armed guard, cash custodian (iv)
Functioning of cash vans (v)
Contact details of agencies concerned (vi)
Threat and risks involved (vii)
Reporting procedure (b)
Threat and risks. (i)
Criminal and miscreant action (ii)
Tailing by vehicle-borne criminals (iii)
Specific threats to stationary and moving vehicle (iv)
Insider's threat (v)
Fraudulent practices, by team members (vi)
Loss of life and medical emergency (vii)
Road accident and vehicle breakdown (viii) Fire
accident (c)
Safety and security of cash van. (i)
In-built safety features of the cash van carrying cash and
valuables (ii)
Cash boxed for carrying cash and valuables (iii)
Locking and security systems (iv)
Weapon and ammunition (v)
Communication equipment (vi)
Global Positioning System (vii)
Fire extinguishers (viii) Distress
alarm (ix)
First-aid kit (d)
Agencies. (i)
Controlling Authority under the Act (ii)
Police station, Police Control Room vans, police helpline (iii)
Controlling supervisor and operations manager (iv)
Concerned Bank representative (v)
Ambulance and hospital services (e)
Weapons, ammunition and documents. (i)
Minimum 12 bore Double Barrel Breach Loading shot gun should be
provided to the guards. Gun must be test fired at least once in two years. Gun
cartridges must be replaced once in two years. Gun must be checked and
certified by a Government approved armorer. (ii)
Documents - gun licence, identity card and permission to carry
weapon during restrictions imposed by authorities (iii)
Real weapons carried by miscreants (iv)
Other objects which can be used as weapon by miscreants (f)
Emergency and incident response. (i)
Distress alarm procedure (ii)
Seeking help from concerned agencies (iii)
Use of weapon to deter and resist criminals and miscreants (iv)
Ensure safety of team members and consignment (v)
Disengage from situation and drive vehicle to safety (vi)
Evacuation of the injured (g)
Other internal organisational procedures. (i)
Antecedent check procedure (ii)
The Provident Funds Act, 1925 (19 of 1925) and benefits (iii)
The Minimum Wages Act, 1948 (11 of 1948) and benefits (iv)
The Employees State Insurance Act, 1948 (34 of 1948) and benefits (v)
Leave entitlement and application procedure (vi)
Other company rules (vii)
Obligations as employeeKERALA
PRIVATE SECURITY AGENCIES (PRIVATE SECURITY TO CASH TRANSPORTATION ACTIVITIES)
RULES, 2020
PREAMBLE